The past two weeks have been a case study in how our society treats sexual assault victims. Victims, especially young, powerless and poor victims of sexual assault have watched the appalling display of callousness by the Republican party. They have understood that the powers that be in this country will run roughshod over their bodies to protect their own privilege.
We also know there is worse to come. Here’s how the Washington Post describes the grilling Dr. Ford is expected to face next week:
Ford knows what to expect: a hi-def repeat of the Anita Hill-Clarence Thomas hearings. Three surviving members of the Senate Judiciary Committee during that 1991 confrontation will be on the dais — but this time the spectacle will unfold in the age of social media. She will probably be asked to detail every moment of the alleged attack. How much she had to drink. Why she went upstairs. What she was wearing.
She will be back in the city she left behind, facing the skepticism and exposure she has tried to avoid since the moment she fled that teenage party.
But, the hearings next week also present Senate Democrats with a unique opportunity. An opportunity to make it clear and apparent to abusers that they will and cannot rely on their connections and influence as a shield.
It’s still possible that Brett Kavanaugh will be confirmed. That should not dissuade Democrats on the Senate Judiciary committee from questioning him thoroughly next week. That means asking him uncomfortable questions.
They should start out by pointing out that the nominee himself advocated asking then President Clinton details of his sexual life. Now that Kavanaugh’s behavior and character are in question, he should expect similarly detailed questions.
Democrats should not be shy about asking these questions. Time and again, powerful men have used such explicit questions in courtrooms and hearings to shame and silence and intimidate victims. Some of the Republicans holding these hearings aggressively questioned Anita Hill 27 years ago. A Supreme Court nominee cannot and should not be treated more gently than victims are every day in our judicial system.
They need to ask these questions because everyone is watching. Young women are watching this and learning from it. If Senators are queasy asking these questions, they can request the room be cleared of children before they ask
On Trump
- Are you aware that the president has been accused of sexual assault by 19 women?
- The president has given this advice to men seeking to overcome sexual assault allegations: "You've got to deny, deny, deny and push back on these women. If you admit to anything and any culpability, then you're dead. That was a big mistake you made." Has the president given you similar advice?
- Are you aware that this is the president’s view on answering sexual assault allegations?
- Has anyone, in the White House or elsewhere, advised you to follow such a strategy, of denial? If so, who and when?
Bill Shine
- Judge Kavanaugh, it has been reported that Bill Shine prepared you for this hearing? Did you meet with Bill Shine to prepare for your testimony today?
- Do you know that Mr. Shine was fired from Fox News for helping conceal sexual harassment and abuse by highly-placed executives?
- Knowing this sordid and disgraceful history, why did you meet with Bill Shine and allow him to coach you for your response to this committee?
- Did Bill Shine coach you on how to mislead investigators when it came to sexual misconduct?
Assault
- Do you believe attempted rape should be disqualify an individual from nomination to the Supreme Court?
- Maryland does not have a statute of limitations on sexual assault. Are you aware that if confirmed, you will not be immune to such charges being brought against you?
- Are you aware that perjury when testifying in front of this committee can, and will result in your impeachment if confirmed?
FBI investigation
- Dr. Ford has asked that the FBI conduct an investigation into her allegations. Have you asked for a similar investigation? Why not?
- Are you aware that the White House can at any time request the FBI investigate this incident and update your background file?
- You have spent the past five days at the White House. Have you spoken with White House personnel about Dr. Ford? Have you spoken with them about her request that the FBI investigate her allegation?
- Was the subject of an FBI investigation into this alleged misconduct ever discussed during the five days you have spent at the White House last week?
- Why do you think the White House has refused to ask for an FBI investigation?
- Have you asked anyone in the White House to re-open your background check for a full FBI investigation?
- Are you aware that lying to the FBI is treated as a felony?
Rob Porter
- Do you know disgraced White House aide Rob Porter who was fired from his position after evidence of domestic abuse surfaced?
- Did you recommend Rob Porter for his position at the White House?
- Were you aware, or did you ever have discussions about Rob Porter and domestic abuse? Did you ever discuss women’s appearance or sexual characteristics with Rob Porter?
- Why did you recommend Rob Porter for this White House position?
- Do you see any similarities between your situation and Rob Porter’s?
Judge Kozinski
- You have been described in the media as a mentee of Judge Kozinski. Is that an accurate characterization?
- Judge Kozinski ran a sexually explicit e-mail list called the “Easy Rider Gag List”. You have previously been questioned about this list. This is your final opportunity to correct the record. Were you on this list? Did you ever receive sexually explicit e-mails from Judge Kozinski?
- Are you aware that the attorney who broke the silence on Judge Kozinki’s behavior has asked to testify at your hearings and share information? Do you have any idea why my colleagues on the Republican side have refused to accept Cyrus Sanai’s testimony?
Ed Whelan
- Judge Kavanaugh, you have worked closely with Ed Whelan have you not?
- Your team, and you yourself have suggested that Dr. Ford may have mistaken someone else for you. Mr. Whelan concocted and published a conspiracy theory implicating a private individual as the person who assaulted Dr. Ford. I fully expect Mr. Whelan will be sued for libel and his employers will take action against him.
- Did you speak to Mr. Whelan this week or convey any messages to him via intermediaries?
- Are you part of any electronic forums, or do you know of any electronic forums where supporters of your nomination have been coordinating their activities? This includes e-mail, private chat/texting tools, or any other electronic communication where a media focused plan to save your nomination has been discussed?
Reliability as a witness
- It is frankly, very difficult to believe your denials despite extensive evidence suggesting you were aware of both Judge Kozinski’s misconduct and the theft of e-mails from Democratic senators during your time in the Bush White House.
- How would you advise the Senate to treat a nominee whose memory is flawless when it comes to matters that put him in a positive light, and consistently malfunctions when it comes to matters that put him in an unfavorable light?
- If such a witness came into your courtroom, would you consider them a reliable witness?
Sexual History
- Have you ever been to a “rub and tug”?
- Do you know why an associate referred to a “rub and tug” while planning a vacation with you over e-mail?
- Have you ever paid a sex worker for any form of sexual gratification?
Drinking History
- Did you drink to excess in high school?
- Have you ever “blacked out” from drinking?
- Would you consider Mark Judge a friend? While you were in High School?
- Did you attend parties with Mark Judge? Was there under-age drinking involved?
- Have you read the book “Wasted: Tales of a Gen-X drunk” by Mike Judge?
- Dr Basley says Mike Judge was in the room with you where she was assaulted. Judge writes about a Bart O’Kavanaugh who drinks to excess. Is that fictional character’s behavior based on yours?
- Do you drink to excess now?
- What did you mean in your speech when you said “What happens at Georgetown prep, stays at Georgetown prep”.
Georgetown Prep
- How would you characterize the treatment of female students by your fellow students at Georgetown prep while you were a student there?
- 1,000 women who are contemporaries of Dr. Ford’s and attended her school have signed a letter which reads: "Dr. Blasey Ford's experience is all too consistent with stories we heard and lived while attending Holton. Many of us are survivors ourselves."
- Do you believe all 1,000 of these women are “mistaken” or “mixed up”?
- What, in your view constitutes sexual assault? Can sexual assault occur while victims are clothed?
- Have you ever sexually assaulted a woman?
- Have you ever groped a woman in the manner Dr. Ford has described?
- Have you heard the Access Hollywood tape of the president suggesting he can “do anything” to women because he is protected by his power and privilege, including “grab ‘em by the pussy”? Do you believe power and privilege protects powerful men from the consequences of their behavior?
- Do you believe “grabbing women by the pussy” should be disqualifying for a federal judge?
Yale
- Judge Kavanaugh, the Yale Daily News last week published an article about your former fraternity which during your time as a student, stole women’s undergarments, to hoist on a flag. In later years, the fraternity had recruits chant “No means Yes, Yes means Anal” in front on the University Women’s Center and was banned from campus. Did you know about these incidents and these chants? What was your role in them?
- You were part of a secret society at Yale that went by the moniker “Truth and Courage” but was commonly referred to as “Tits and Clits”. Can you explain to the committee what this society did while you were a member, and why it was commonly referred to by that name?
- Looking back at your time at Yale, do you believe this environment was conduce to treating women with respect?
- There have been reports that two Yale professors have “groomed” students as law clerks for you. This includes advising female applicants to dress “like models”. Judge Kavanaugh, what do you believe this grooming was meant to do, and do you hire women who dress “like models”?
Gambling
Yes, these questions are specific, but they are nowhere near as explicit as the questions Brett Kavanaugh wanted to ask Bill Clinton during the Lewinsky investigation, in which he was a gleeful participant.
And let’s not kid ourselves, if the Republicans believed they could win a Supreme Court seat by asking such questions, they wouldn’t flinch. These questions are far more relevant than questions about sexual history that are routinely asked of victims. They are far more relevant because they provide insight into Brett Kavanaugh’s views of women in the past and present. They shed light on his actions then, and his response to her allegations now.
— @subirgrewal